The terms used in the preface to the 2011 INCB annual report leave no doubt as to the illness afflicting this UN body: a (deep) regret  is running through its old veins. Yet again, its poison is directed at Bolivia, that small country which dares to challenge and stretch what is allegedly firm and static, and all in the name of an old indigenous habit. This saga must come to a close sometime soon, both parties must have thought, but as yet no happy ending is in sight.
This note provides an overview of human rights and international law concerns raised by the 2011 Annual Report of the International Narcotics Control Board. These include questionable legal reasoning by the Board; the absence of broader human rights norms; problematic statements on specific issues; unqualified comments and support for policies despite human rights risks; and stigmatising language unbecoming a UN entity. These are patterns that are evident in previous Annual Reports.
The UN’s International Narcotics Control Board (INCB), which monitors implementation of the global drug treaties, has trained its fire on Bolivia, this time accusing the country of threatening the integrity of the entire international drug control regime by defending traditional uses of the coca leaf.
The new report is the first to calculate the total number of females in prisons on drug offences in Europe and Central Asia. It provides an analysis of developments related to women drug offending and the criminal justice system in Europe and Central Asia, and also largely focuses on numbers of women convicted for drug offending (violation of drug laws) that are in prisons.
When she was 66 years old, Alicia Castilla was put in jail for three months for cultivating marijuana, which she used to help her sleep better. In this video testimony, she talks about the suffering caused by her imprisonment in Canelones (an Uruguayan prison) and her experience with the justice system in Uruguay.
On several recent occasions, the International Narcotics Control Board (INCB) has refused to offer an opinion on sanctions that violate international law – even if those sanctions are imposed in order to comply with the drug control treaties. This struck many as odd. As a quasi-judicial entity, one would have expected the INCB to know that the death penalty for drug offences is not permitted in international law. Or that the UN Human Rights Committee, another UN quasi-judicial mechanism which oversees the International Covenant on Civil and Political Rights, had already called for its abolition in Thailand. Apparently not. In response to emails and letters of concern, the INCB said that criminal sanctions are the 'exclusive prerogative' of States.
The response to the Board’s Annual Report for 2011 is organised under 5 inter-related headings: issues surrounding the Board’s homage to the Hague Opium Convention; the flaws within its thematic chapter on ‘social cohesion, social disorganization and illegal drugs’; the INCB’s hostility towards the endeavours of Bolivia to adjust its position towards the Single Convention on Narcotic Drugs and coca; the continuation of mission creep and a proclivity of the Board to operate beyond its mandate and the reoccurrence of selective reticence, specifically the lack of comment on issues relating to human rights and harm reduction.
Damon Barrett (Deputy Director at Harm Reduction International)
04 April 2012
When the UN's drugs watchdog, the International Narcotics Control Board (INCB), was asked recently about its official position on torture carried out in the name of drug enforcement, one would have expected an unequivocal denunciation. Instead, what was given was an unequivocal refusal to do so. In the light of documented cases of torture to extract information from suspects and to punish drug users and those convicted of drug offences, this refusal to condemn the most egregious of human rights abuses is cause for serious concern and highlights clear tensions between the UN human rights and drug control regimes.
The President of the International Narcotics Control Board (INCB), Raymond Yans, has voiced grave concern about the outcome of recent referenda in the United States of America that would allow the non-medical use of cannabis by adults in the states of Colorado and Washington, and in some cities in the states of Michigan and Vermont. Mr. Yans stated that “these developments are in violation of the international drug control treaties, and pose a great threat to public health and the well-being of society far beyond those states”.
Denver prosecutors will no longer charge those 21 and older for carrying less than an ounce of marijuana, and will review current cases that fit under the language of a recently voter-approved state constitutional amendment. District Attorney Mitch Morrissey and City Attorney Doug Friednash made their decision a day after Boulder County District Attorney Stan Garnett made headlines when he announced his office will dismiss any pending cases that deal with less than an ounce of marijuana.
The illegality of the successful drug export business means that its multi-billion-dollar profits go to criminal gangs. Their battles for market control have a high cost: according to the UN, eight of the world’s ten most violent countries are in Latin America or the Caribbean. Drugs are not the only business of organised crime, but they account for the bulk of the gangs’ income and thus their firepower. Honduras, a strategic spot on the trafficking route, has the world’s highest murder rate, about 80 times that of western Europe.
While Copenhagen's mayor, Frank Jensen, continues to be a vocal advocate for legalising cannabis in the city, arguing that a "paradigm shift" is in order, Copenhagen Police took a strikingly different approach Thursday. As part of the newly-announced 'Task Force Pusher Street', police arrested 28 individuals at Christiania. Jensen argued that the city "needs to go a new way". In an interview with Politiken newspaper on Sunday, the mayor said that the traditional police approach hasn’t worked before and is unlikely to work now.
A majority of Danes believe that sales of cannabis should be controlled by the state, according to a Gallup poll for metroXpress. According to the poll, 53 per cent of those asked fully agreed or agreed that cannabis should be state-controlled; 22 per cent had no view on the issue while 23 per cent disagreed or fully disagreed. Social Democratic Justice Minister Morten Bødskov recently rejected the idea of a trial arrangement in Copenhagen.
Politicians in Denmark have closed their eyes and the cannabis market has gone completely out of control. The criminalization of cannabis has not led to lower consumption. On the contrary. The naive ban caused only more crime and greater use, especially among young people. The cannabis market in Denmark should be legalized, says an editorial in the centre-left Danish newspaper Politiken. And it should be an obvious task for a government that sees itself as both responsible and progressive. (Note: Google translation of OpEd in Danish)
Copenhagen mayor Frank Jensen rejects the Swedish concern about regulation of cannabis in Copenhagen. He emphasizes that the aim of the experiment is to remove the criminal gangs monopoly on the sale of marijuana. "We will eliminate a billion dollar business from organized crime. All figures show that the consumption of cannabis in Denmark has just risen and risen over the past several years, despite the fact that we have a ban in the area. Therefore, it is time to think of alternatives, and we have asked to be allowed to introduce a pilot scheme in Copenhagen."
On several recent occasions, the International Narcotics Control Board (INCB) has refused to offer an opinion on sanctions that violate international law, such as the death penalty. The following is a transcript from a Civil Society Dialogue with the President of the INCB, Hamid Ghodse, during the UN Commission on Narcotic Drugs on 15 March 2012. For a commentary on the dialogue please see the article at Inter-Press Service titled, ‘Narcotics Watchdog Turns Blind Eye to Rights Abuses’.
A growing number of nations are developing policies that shift away from the prohibition-oriented failed approach to drugs control. Ultimately however nations will need to reform the overall UN based global drug control framework of which practically all nations are a part.
Recent years have seen a growing unwillingness among increasing numbers of States parties to fully adhere to a strictly prohibitionist reading of the UN drug control conventions; the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol), the 1971 Convention on Psychotropic Substances; and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
I mere end 40 år har de latinamerikanske lande med støtte fra USA forsøgt at bekæmpe narkotrafik med militære midler. Men markedet for kokain og andre narkotika er ikke blevet mindre. Derimod er kampen kun blevet hårdere og koster flere menneskeliv, mens rets- og fængselsvæsen i stigende grad overbelastes i de latinamerikanske lande.